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Licensing (Scotland) Act 2005

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  • specified provision(s) Appointed Day(s) by S.S.I. 2006/239 art. 2 (This S.S.I. is revoked on 25.5.2006 by S.S.I. 2006/286, art. 6)

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SCHEDULE 3SPremises licences: mandatory conditions

(introduced by section 27(1))

This schedule has no associated Explanatory Notes

InterpretationS

1SIn this schedule, “the premises” means, in relation to any premises licence, the premises specified in the licence.

Commencement Information

I1Sch. 3 para. 1 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Compliance with the operating planS

2(1)Alcohol is to be sold on the premises only in accordance with the operating plan contained in the licence.S

(2)Nothing in sub-paragraph (1) is to be read as preventing or restricting the doing of anything referred to in section 63(2).

Commencement Information

I2Sch. 3 para. 2 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

3[F1(1)] Any other activity to be carried on in the premises is to be carried on only in accordance with the operating plan contained in the licence. S

[F2(2)If food is sold on the premises but the operating plan contained in the licence does not contain an express term to the effect that food may be taken away, or delivered, from the premises for consumption off the premises, a term to that effect is to be implied into the operating plan.]

Textual Amendments

F1Sch. 3 para. 3 renumbered as sch. 3 para. 3(1) (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(8)(a) (with ss. 11-13)

F2Sch. 3 para. 3(2) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(8)(b) (with ss. 11-13)

Commencement Information

I3Sch. 3 para. 3 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

The premises managerS

4(1)Alcohol is not to be sold on the premises at any time when—S

(a)there is no premises manager in respect of the premises,

(b)the premises manager does not hold a personal licence,

(c)the personal licence held by the premises manager is suspended, or

(d)the licensing qualification held by the premises manager is not the appropriate licensing qualification in relation to the premises.

(2)In sub-paragraph (1), “appropriate licensing qualification” in relation to any licensed premises means any licensing qualification prescribed as such in relation to licensed premises of that description in regulations under section 91(2)(d).

(3)Nothing in sub-paragraph (1) or paragraph 5 is to be read as requiring the premises manager to be present on the premises at the time any sale of alcohol is made.

Commencement Information

I4Sch. 3 para. 4 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Authorisation of sales of alcoholS

5SEvery sale of alcohol made on the premises must be authorised (whether generally or specifically) by—

(a)the premises manager, or

(b)another person who holds a personal licence.

Commencement Information

I5Sch. 3 para. 5 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Training of staffS

6(1)No person (other than a person who holds a personal licence) is to work in the premises in the capacity mentioned in sub-paragraph (2) unless that person has complied with such requirements as to the training of staff as may be prescribed for the purposes of this paragraph.S

(2)That is a capacity (whether paid or unpaid) which involves the person—

(a)making sales of alcohol, or

(b)where alcohol is sold on the premises for consumption on the premises, serving such alcohol to any person.

[F3(2A) At any time when a person (other than a person who holds a personal licence) is working in the premises in a capacity mentioned in sub paragraph (2), there must be kept on the premises a training record which relates to that person and is in the form set out in the Schedule to the Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007.

(2B)A record kept on the premises under sub paragraph (2A) must be produced to a Licensing Standards Officer on request.]

(3)Regulations under sub-paragraph (1) prescribing training requirements may, in particular—

(a)provide for the accreditation by the Scottish Ministers of—

(i)courses of training, and

(ii)persons providing such courses,

for the purposes of the regulations,

(b)prescribe different training requirements in relation to different descriptions of persons,

(c)require that any person providing training or any particular description of training in accordance with the regulations hold a personal licence or such other qualification as may be prescribed in the regulations, and

(d)require training to be undergone again at such intervals as may be prescribed in the regulations.

Textual Amendments

Commencement Information

I6Sch. 3 para. 6 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F46A(1)Alcohol must not be sold on the premises at a price below its minimum price.S

(2)Where alcohol is supplied together with other products or services for a single price, sub-paragraph (1) applies as if the alcohol were supplied on its own for that price.

(3)The minimum price of alcohol is to be calculated according to the following formula—

where—

MPU is the minimum price per unit,

S is the strength of the alcohol, and

V is the volume of the alcohol in litres.

(4)The Scottish Ministers are to specify by order the minimum price per unit for the purposes of sub-paragraph (3).

(5)For the purposes of sub-paragraph (3), where—

(a)the alcohol is contained in a bottle or other container, and

(b)the bottle or other container is marked or labelled in accordance with relevant labelling provisions,

the strength is taken to be the alcoholic strength by volume as indicated by the mark or label.

(6)The Scottish Ministers are to specify by order the enactments which are relevant labelling provisions for the purposes of sub-paragraph (5).]

Textual Amendments

F4Sch. 3 para. 6A inserted (6.12.2017 for specified purposes, 1.5.2018 in so far as not already in force) by Alcohol (Minimum Pricing) (Scotland) Act 2012 (asp 4), ss. 1(2), 5(2); S.S.I. 2017/402, art. 2; S.S.I. 2018/88, art. 2

[F56B(1)A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale on the premises.S

(2)Sub-paragraph (1) applies—

(a)only where each of the alcoholic products is for sale on the premises separately, and

(b)regardless of whether or not the package also contains any item which is not an alcoholic product.

(3) In this paragraph, “ alcoholic product ” means a product containing alcohol and includes the container in which alcohol is for sale. ]

Textual Amendments

F5Sch. 3 para. 6B inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 2(2), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

Pricing of alcoholS

7SWhere the price at which any alcohol sold on the premises [F6for consumption on the premises] is varied—

(a)the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and

(b)no further variation of the price at which that or any other alcohol is sold on the premises [F6for consumption on the premises] may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.

Textual Amendments

F6Words in Sch. 3 para. 7 inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 3(2), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

Commencement Information

I7Sch. 3 para. 7 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F77ASWhere the price at which any alcohol sold on the premises for consumption off the premises is varied—

(a) the variation (referred to in this paragraph as “ the earlier price variation ”) may be brought into effect only at the beginning of a period of licensed hours, and

(b)no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.]

Textual Amendments

F7Sch. 3 para. 7A inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 3(3), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

Irresponsible drinks promotionsS

8(1)An irresponsible drinks promotion must not be carried on in or in connection with the premises.S

(2)Subject to sub-paragraph (3), a drinks promotion is irresponsible if it—

(a)relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18,

(b)involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks),

(c)involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink,

(d)involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the premises),

(e)encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,

(f)is based on the strength of any alcohol,

(g)rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or

(h)offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the premises.

(3)Paragraphs [F8(c) to (e)] of sub-paragraph (2) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the premises.

(4)The Scottish Ministers may by regulations modify sub-paragraph (2) or (3) so as to—

(a)add further descriptions of drinks promotions,

(b)modify any of the descriptions of drinks promotions for the time being listed in it, or

(c)extend or restrict the application of any of those descriptions of drinks promotions.

(5)In this paragraph, “drinks promotion” means, in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises.

Textual Amendments

F8Words in Sch. 3 para. 8(3) substituted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 4(2), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

Commencement Information

I8Sch. 3 para. 8 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Provision of non-alcoholic drinksS

9(1)The conditions specified in this paragraph apply only to the extent that the premises licence authorises the sale of alcohol for consumption on the premises.S

(2)Tap water fit for drinking must be provided free of charge on request.

(3)Other non-alcoholic drinks must be available for purchase at a reasonable price.

Commencement Information

I9Sch. 3 para. 9 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F9Age verification policyS

Textual Amendments

F9Sch. 3 para. 9A and cross-heading inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 6(2), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

9A(1)There must be an age verification policy in relation to the sale of alcohol on the premises.S

(2)An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises (“the customer”) if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy).

(3)The condition specified in this paragraph does not apply in relation to any sale of alcohol which takes place on the premises merely by virtue of being treated, by section 139, as taking place on the premises.]

Payment of annual or recurring feesS

10(1)The condition specified in sub-paragraph (2) applies only in relation to a premises licence in respect of which an annual or other recurring fee is to be paid by virtue of regulations under section 136(1).S

(2)The fee must be paid as required by the regulations.

Commencement Information

I10Sch. 3 para. 10 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F10Notices – admission of persons under 18S

Textual Amendments

F10Sch. 3 paras. 11, 12 and cross-headings inserted (1.2.2008) by Licensing (Mandatory Conditions) (Scotland) Regulations 2007 (S.S.I. 2007/457), regs. 1, 2

11(1)The condition specified in this paragraph applies only in the case of premises on which alcohol is sold for consumption on the premises.S

(2)There is to be displayed so that it is reasonably visible to customers entering the premises a sign of at least A4 size which–

(a)states that persons under the age of 18 are not permitted on the premises; or

(b)states that such persons are permitted on the premises or on such parts of the premises as are specified on the sign.]

[F10Baby changing facilitiesS

12(1)The condition specified in this paragraph applies only in the case of premises–S

(a)which are not–

(i)a vehicle;

(ii)a vessel;

(iii)a moveable structure; or

(iv)used wholly or mainly for the purposes referred to in section 125(1);

(b)on which alcohol is sold for consumption on the premises; and

(c)to which children under the age of 5 are to be admitted.

(2)There are to be on the premises facilities for baby changing which are to be accessible to persons of either gender.]

[F11Display [F12, or promotion of the sale,] of alcohol for consumption off the premisesS

Textual Amendments

F12Words in Sch. 3 para. 13 crossheading added (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 5(2), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

13(1)[F13Subject to sub-paragraph (3), alcohol] which is for sale only for consumption off the premises may be displayed only in one or both of the following–S

(a)a single area of the premises agreed between the Licensing Board and the holder of the licence; or

(b)a single area of the premises which is inaccessible to the public.

[F14(1A)Sub-paragraphs (1B) to (1D) apply where the premises, in so far as they are used for the sale of alcohol, are so used only or primarily for the sale of alcohol for consumption off the premises.

(1B)Any drinks promotion on the premises may take place only in any one or more of the following—

(a)an area referred to in sub-paragraph (1)(a) and (b),

(b)a room on the premises which is used for offering the tasting of any alcohol sold on the premises (for consumption off the premises) and the resulting tasting and is separate from those areas.

(1C)A drinks promotion in connection with the premises may not take place in the vicinity of the premises.

(1D) For the purposes of sub-paragraph (1C), the “vicinity” means the area extending 200 metres from the boundary of the premises (as shown on the layout plan).]

(2)In an area agreed in terms of sub-paragraph (1)(a), a product other than alcohol may be displayed only if it is–

(a) a non-alcoholic drink; F15 ...

(b)packaged with, and may be purchased only along with, alcohol

[F16(c)a branded non-alcoholic product, or

(d)a newspaper, magazine or other publication].

[F17(2A)Sub-paragraph (2) is without prejudice to sub-paragraph (1B).]

[F18(3)This paragraph does not apply in respect of premises—

(a)whose main function is to provide a visitor attraction, and

(b)where—

(i)the premises form part of a larger site which is used principally for the production of alcoholic drinks, or

(ii)the visitor attraction is used principally to provide information about and promote the history and attributes of a particular alcoholic drink or a particular category of alcoholic drink.]

[F19(4)In this paragraph—

  • branded non-alcoholic product” means a product which does not consist of or contain alcohol and which—

    (a)

    bears a name or image of, or

    (b)

    is an image of,

    an alcoholic product (namely, a product consisting of or containing alcohol),

  • drinks promotion” means any activity which promotes, or seeks to promote, the buying of any alcohol sold on the premises for consumption off the premises but does not include the display of any product which is—

    (a)

    a branded non-alcoholic product for sale on the premises, or

    (b)

    a newspaper, magazine or other publication—

    (i)

    for sale on the premises, or

    (ii)

    if not for sale on the premises, which does not relate only or primarily to alcohol.]]

Textual Amendments

F14Sch. 3 para. 13(1A)-(1D) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 5(3), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F15Word in Sch. 3 para. 13(2) omitted (1.10.2011) by virtue of Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 5(4)(a), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F16Sch. 3 para. 13(2)(c)(d) added (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 5(4)(b), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F17Sch. 3 para. 13(2A) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 5(4)(c), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F19Sch. 3 para. 13(4) added (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 5(5), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

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